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PRINTER'S NO. 27
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
47
Session of
2015
INTRODUCED BY WILLIAMS, FOLMER, AUMENT, WAGNER AND RAFFERTY,
JANUARY 14, 2015
REFERRED TO EDUCATION, JANUARY 14, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for parent trigger, for
transformational model, for school transformation by parental
petition, for implementation of parental petition, for duties
of the Department of Education, for school district duties,
for School-to-school Partnership Program, for notification
and for guidelines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XVII-D
PARENT TRIGGER
(a) Preliminary Provisions
Section 1701-D. Scope of article.
This article provides for parent trigger.
Section 1702-D. Definitions.
The following words and phrases when used in this article
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Charter management organization." A nonprofit organization
that operates or manages charter schools by centralizing or
sharing certain functions and resources among schools.
"Department." The Department of Education of the
Commonwealth.
"Education management organization." A for-profit
organization or nonprofit organization that provides services
for the operation of a school.
"Eligible student." Either:
(1) a student enrolled in a low-achieving school; or
(2) according to the school district board's enrollment
policies, a student scheduled for assignment to a low-
achieving school in the following year.
"Low-achieving school." A public school that ranked in the
lowest 15% of its designation as an elementary school or a
secondary school based on combined mathematics and reading
scores from the annual assessment administered in the previous
school year and for which the department has posted results on
its publicly accessible Internet website. The term does not
include a charter school, cyber charter school or area
vocational-technical school. If, on the date the petition is
submitted, a school is identified as a low-achieving school, it
remains so until final disposition of the petition by the school
district notwithstanding that the school may be removed from the
list of low-achieving schools.
"Parent." A natural or adoptive parent, legal guardian or
other person holding the right to make an educational decision
for the eligible student on the date the petition is submitted.
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"Restart model." A school district model in which a school
district converts a school or closes and reopens a school under
any of the following that has been selected through a rigorous
review process:
(1) a charter school operator;
(2) a charter management organization; or
(3) an education management organization.
"School." A public elementary or secondary school in this
Commonwealth. The term does not include:
(1) a charter school;
(2) a cyber charter school;
(3) an area vocational-technical school;
(4) a school that does not draw its student body from a
particular attendance boundary; or
(5) a school with specialized academic programs with
specific admissions criteria except where indicated.
"School closure." A school district turnaround option in
which the school district closes a school that results in
students being removed and enrolled in a higher performing
publicly funded school, including a charter school, cyber
charter school and private school receiving public funds within
the school district.
"Transformational model." A school district turnaround in
which a school district implements the strategies specified in
section 1711-D.
"Turnaround model." As follows:
(1) A school district turnaround option in which a
school district implements the following strategies:
(i) Replacing the principal who led the school prior
to the commencement of the turnaround model and granting
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the new principal sufficient operational flexibility,
including flexibility in staffing, scheduling and
budgeting, to implement fully a comprehensive approach in
order to substantially improve student achievement
outcomes and increase high school graduation rates.
(ii) Using locally adopted competencies to measure
the effectiveness of staff who can work within the
turnaround environment to meet the needs of the students
by:
(A) screening the staff and rehiring no more
than 50% of the staff; and
(B) selecting new staff.
(iii) Implementing strategies such as providing:
(A) financial incentives;
(B) increased opportunities for promotion and
career growth; and
(C) more flexible work conditions that are
designed to recruit and retain staff with the skills
necessary to meet the needs of the students in the
turnaround school.
(iv) Providing staff with ongoing, high-quality,
job-embedded professional development that is aligned
with the comprehensive instructional program of the
school and designed with school staff to ensure that
staff are equipped to facilitate effective teaching and
learning to successfully implement school reform
strategies.
(v) Adopting a new governance structure, which may
include requiring the school to report to a new
turnaround office in the school district, hiring a
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turnaround leader who reports directly to the
superintendent or chief academic officer or entering into
a multiyear contract with the school district to obtain
added flexibility in exchange for greater accountability.
(vi) Using data to identify and implement an
instructional program that is research based and
vertically aligned from one grade to the next as well as
aligned with State academic standards.
(vii) Promoting the continuous use of student data
from assessments to inform and differentiate instruction
in order to meet the academic needs of individual
students.
(viii) Establishing schedules and implementing
strategies that provide increased learning time.
(ix) Providing appropriate social, emotional and
community-oriented services and supports for students.
(2) A turnaround model may include the implementation of
other strategies, including any of the required and
permissible strategies under the transformational model , or a
new school model based on a single theme.
(b) Transformational Model and
School District Using a Restart Model
Section 1711-D. Transformational model.
A transformational model shall implement the following
strategies:
(1) Developing and increasing teacher and school leader
effectiveness as follows:
(i) A school district shall:
(A) replace the principal who led the school
prior to commencement of the transformational model;
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(B) use rigorous, transparent and equitable
evaluation systems for teachers and principals as
provided for under section 1123;
(C) identify and reward school leaders, teachers
and other staff who, in implementing the
transformational model, have increased student
achievement or high school graduation rates;
(D) identify and remove school leaders, teachers
and other staff who, in implementing the
transformational model, have not significantly
increased student achievement or high school
graduation rates;
(E) provide staff with ongoing, high-quality,
job-embedded professional development that is aligned
with the school's comprehensive instructional program
and designed with school staff to ensure that the
staff are equipped to facilitate effective teaching
and learning and have the capacity to successfully
implement school reform strategies; and
(F) implement such strategies as financial
incentives, increased opportunities for promotion and
career growth and more flexible work conditions that
are designed to recruit, place and retain staff with
the skills necessary to meet the needs of the
students in a transformational model school.
(ii) In addition to the strategies contained under
subparagraph (i), a school district may implement other
strategies to develop the effectiveness of teachers and
school leaders, including the following:
(A) providing additional compensation to attract
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and retain staff with the skills necessary to meet
the needs of the students in a transformational model
school;
(B) instituting a system for measuring changes
in instructional practices resulting from
professional development; and
(C) ensuring the school is not required to
accept a teacher without the mutual consent of the
teacher and principal, regardless of the seniority of
the teacher.
(2) Comprehensive instructional reform strategies as
follows:
(i) A school district shall:
(A) use data to identify and implement a
research-based instructional program that is aligned
with State academic standards and vertically aligned
from one grade to the next; and
(B) promote the continuous use of student data
from assessments to inform and differentiate
instruction to meet the academic needs of individual
students.
(ii) In addition to the strategies implemented under
subparagraph (i), a school district may implement
comprehensive instructional reform strategies, such as:
(A) conducting periodic reviews to ensure that
the curriculum is being implemented with fidelity and
having the intended impact on student achievement;
(B) modifying the curriculum if it is not having
the intended impact on student achievement;
(C) implementing a school-wide response to an
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intervention model;
(D) providing additional supports and
professional development to teachers and principals
in order to implement effective strategies to support
students with disabilities in the least restrictive
environment and to ensure that limited English
proficient students acquire language skills to master
academic content;
(E) using and integrating technology-based
supports and interventions as part of the
instructional program; and
(F) in secondary schools:
(I) increasing rigor by offering
opportunities for students to enroll in advanced
coursework, early-college high schools, dual
enrollment programs or thematic learning
academies that prepare students for college and
careers, including providing appropriate supports
designed to ensure that low-achieving students
can take advantage of the programs and
coursework;
(II) improving student transition from
middle school to high school through summer
transition programs or freshman academies;
(III) increasing graduation rates through
strategies, such as credit-recovery programs,
reengagement strategies, smaller learning
communities, competency-based instruction,
performance-based assessments and acceleration of
basic reading and mathematics skills; and
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(IV) establishing early-warning systems to
identify students who may be at risk of failing
to achieve at high standards or graduate.
(3) Increasing learning time and creating community-
oriented schools as follows:
(i) A school district shall:
(A) establish schedules and implement strategies
that provide increased learning time; and
(B) provide ongoing mechanisms for family and
community engagement.
(ii) In addition to the strategies implemented under
subparagraph (i), a school district may implement
strategies that extend learning time and create
community-oriented schools, such as:
(A) partnering with parents, parent
organizations, faith-based organizations, community-
based organizations, health clinics, other State or
local agencies and others to create safe school
environments that meet the social, emotional and
health needs of the students;
(B) extending or restructuring the school day to
add time for advisory periods that build
relationships between students, faculty and other
school staff;
(C) implementing approaches to improve school
climate and discipline, such as implementing a system
of positive behavioral supports or taking steps to
eliminate bullying and student harassment; and
(D) expanding the school program to offer full-
day kindergarten or prekindergarten.
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(4) Providing operational flexibility and sustained
support as follows:
(i) A school district shall:
(A) give the school sufficient operational
flexibility, such as staffing, scheduling and
budgeting, to fully implement a comprehensive
approach to substantially improve student achievement
outcomes and increase high school graduation rates;
and
(B) ensure that the school receives ongoing,
intensive technical assistance and related support
from the school district or a designated external
lead partner organization, such as a school
turnaround organization or an education management
organization.
(ii) In addition to the strategies implemented under
subparagraph (i), a school district may implement other
operational flexibility and intensive support strategies,
such as:
(A) allowing the school to be operated under a
new governance arrangement; or
(B) implementing a per student, school-based
budget formula that is weighted based on student
needs.
Section 1712-D. School districts implementing a restart model.
A school district implementing a restart model shall:
(1) enroll, within the grades it serves, any former
student who wishes to attend the school; and
(2) continue to serve the entire attendance boundary of
the school.
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(c) School Transformation by Parental Petition
Section 1721-D. School transformation by parental petition.
(a) Restart or transformation.--For a low-achieving school
on the list developed by the department under section 1709-G.1
of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971, parents may petition to restart the school
or to transform it under one of the turnaround options.
(b) Applicability.--This section does not apply to:
(1) a public elementary or secondary school that the
school district scheduled for closure; or
(2) a school that implemented a school transformation by
parental petition within the last three years.
(c) Parents.--If parents representing over 50% of the
students attending a low-achieving school sign a petition
requesting to restart the school or to implement one of the
turnaround options provided in subsection (a), the school
district shall implement the option requested by the parents,
except as provided in section 1722-D(e). A parent may sign the
petition once for each eligible student they have in the low-
achieving school. Only one parent per eligible student may sign
a petition.
(d) Duty of school district.--The school district shall
provide in writing to any persons who make a request, enrollment
data and the number of signatures required under subsection (c).
(e) Submission.--The petition shall be submitted to the
department and school district. Petitioning parents may not
submit signatures for a low-achieving school until the petition
contains the required amount of signatures.
(f) Signatures.--Once the department receives the petition,
the department has no more than 45 calendar days to review and
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verify the signatures as legitimate. The department shall
initially attempt to verify the signatures by comparing the
petitions to their existing files for parents and may only
contact parents about their signatures in the case of a
perceived discrepancy. The department may not invalidate the
signature of a parent of an eligible student because of a
technicality if it is clearly the intent of the parent to sign
the petition and the parent is entitled to sign it. If enough
discrepancies exist to put the total support level at or below
50%, parents have an additional 60-day window to remedy the
discrepancies or add the signatures of additional supportive
parents.
(g) Decision.--Once the signatures have been verified, the
department shall have no more than 30 calendar days to reach a
formal decision on the final disposition of the petition.
(h) Right to expedited appeal.--A petitioner has the right
to an expedited appeal to the appropriate court of common pleas.
(i) Proposed school operator.--As follows:
(1) If the parents petition for a restart model and
include the proposed school operator, the parents need only
to sign the petition to indicate their support for the
restart school. If the proposed school operator is a charter
school or charter school operator, a separate support
petition does not need to be signed and submitted.
(2) If the parents petition for a restart model and do
not include the proposed school operator, then the school
district shall promptly notify the petitioners that it has
adopted the restart model and give the petitioners the option
to solicit and select a school operator.
(3) If the petitioners opt to solicit and select a
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specific school operator, they must submit the proposed
school operator to the school district within 120 calendar
days of final disposition.
(4) If the petitioners decline the option to solicit
proposals and select the school operator, the school district
shall, within 20 calendar days, solicit proposals from
charter school operators, charter management organizations
and education management organizations. If the petitioners
select an education management organization, the school
district shall work in good faith to implement a contract
with a provider selected by the parents.
Section 1722-D. Implementation of parental petition.
(a) Duties of the school district.--Unless the parent
petitioners request otherwise, the school district shall plan
the restart or transformation and shall implement the plan not
later than the subsequent school year after the petition is
received. When a petition is received after March 1, the school
district shall plan the restart or transformation not later than
the first day of school of the school year beginning in the next
calendar year, unless the petitioners and the school district
agree to implement the plan in the subsequent school year.
(b) Parents .--If the school district approves a parent
petition to restart the school, a parent who does not want his
or her child to attend the selected public charter school may
enroll the child in a different publicly funded school within
the jurisdiction.
(c) Public charter schools.--A public charter school
established under this act is subject to the same accountability
and other standards in place for public charters in the
jurisdiction. A public charter school that takes over the
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operation of a school under this article shall continue to serve
the entire attendance boundary of the school. Parents
petitioning to establish a public charter under this article do
not need signatures from another party.
(d) Prohibition.--If the school turnaround or restart option
to be implemented is the conversion of the school to a public
charter school, the public charter operator selected to operate
the school may not have a school in its portfolio that has been
under its control for at least five years and has performed
in the bottom 50% of schools in this Commonwealth, as measured
by the Pennsylvania System of School Assessment.
(e) Specific school turnaround or restart option. --The
school district shall adopt and implement the specific school
turnaround option or restart option selected by parents in the
petition unless the school district makes a finding, in writing
and presented at a public meeting, that it is logistically
impossible to implement the option. In this case, the school
district shall state which of the other school turnaround
options or restart options, which must include one of the
turnaround options or the conversion of the school to a public
charter school, it will implement within the time frame under
this section. If the school district finds that the school
turnaround option or restart option selected by parents is
logistically impossible, it shall submit both the school
turnaround option or restart option selected by parents and the
turnaround option or restart option selected by the school
district to the department. If, after review, the department
determines that the school turnaround option or restart option
selected by parents is logistically possible for the school
district to implement, the department shall require the school
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district to implement that school turnaround option or restart
option selected by parents. Alternatively, if the department
determines that it is logistically impossible for the school
district to implement the school turnaround option or restart
option selected by parents, the department shall select a
comparable turnaround or restart model and may consider, but is
not limited to, the school district's selected model.
(f) Requirements.--After the selection of the department,
implementation of the selected school turnaround option or
restart model must be accomplished in the next school year. If
the department authorizes the school district to implement the
school turnaround option selected by the school district under
subsection (e), the school district shall plan and implement the
selected plan for that school turnaround option or restart model
not later than 180 days after the department authorizes the
school district to impleme nt the selected school turnaround
option or restart model.
(g) Harassment, threats and intimidation.--Parents shall be
free from harassment, threats and intimidation related to:
(1) circulation or signature of a petition;
(2) discouragement in regard to signing a petition; or
(3) revocation of a signature from the petition.
(h) School or school district resources.--School or school
district resources may not be used to impede the petitioning
process under this section and may not be used to support or
oppose an effort by petitioning parents.
Section 1723-D. Department duties.
(a) Regulations.--Within 120 days from the enactment of this
article, the Secretary of Education shall adopt regulations to
implement the provisions of this article, including, but not
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limited to:
(1) the petition format and submission process;
(2) the appeals procedure and timeline if the school
district chooses to implement a restart model or turnaround
option other than that requested by the petitioning parents;
(3) the selection and authorization of the public
charter operator in circumstances where a public charter
school is established under this article; and
(4) the procedures for rescission of parent signatures,
which must specifically provide that signatures may not be
invalidated after the date the petition is submitted on the
grounds that the person who signed the petition has
subsequently revoked the signature.
(b) Records and concerns.--The department shall maintain
records regarding the contents of and outcomes from parental
petitions in order to ensure appropriate implementation of this
section and address concerns identified through regulatory
action.
(c) Partnership program and technical assistance.--The
department shall establish the School-to-school Partnership
Program and provide technical assistance under section 1731-D.
(d) Financial assistance.--The department shall establish
and implement a program to provide financial assistance to a
mentor school in accordance with section 1731-D(c).
(e) Signatures and disposition of petition.--The department
is responsible for verifying petitioners' signatures and making
a decision as to the final disposition of the petition under
section 1721-D(f).
(f) Notification.--The department shall notify the school
district upon receipt of the parental petition and upon its
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final disposition of the petition.
Section 1724-D. School district duties.
A school district shall implement the intervention requested
by petition under section 1721-D(a) and in accordance with
section 1722-D.
(d) Miscellaneous Provisions
Section 1731-D. School-to-school Partnership Program.
(a) Establishment.--The following apply:
(1) The department shall establish a School-to-school
Partnership Program and shall provide technical assistance to
the participating low-achieving schools and mentor schools.
The department shall:
(i) identify and notify schools that qualify as
mentor schools;
(ii) create and maintain a Statewide list of schools
that elected to be in the program as mentor schools; and
(iii) place the Statewide list established under
subparagraph (i) on the department's publicly accessible
Internet website.
(2) For purposes of this subsection, a mentor school is
a school that:
(i) has been removed from the list of low-achieving
schools developed by the department under section 1709-
G.1 of the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971 ; or
(ii) using the most recent data available, has
increased, in the Statewide rankings based on the
Pennsylvania System of School Assessment scores, by two
or more deciles over the last five years.
(b) Participation.--A school implementing the turnaround
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model or transformational model may participate in the School-
to-school Partnership Program by working with a mentor school
that has successfully transitioned from the list of low-
achieving schools. In doing so, the principal and, at the
discretion of the principal, the staff of a mentor school shall
provide :
(1) guidance to a low-achieving school to develop a
reform plan for the school using the required elements of the
turnaround or transformation model; and
(2) guidance and advice on how the mentor school was
able to transform the culture of the low-achieving school and
how that transformation could be replicated at the school
implementing a turnaround or transformation model.
(c) Funding.--The following shall apply:
(1) To the extent that funds are made available for this
purpose, the department shall provide funding to a school
district for each public school located in the school
district that serves as a mentor school that is proportionate
to the degree of school staff participation in the School-to-
school Partnership Program. A school district that receives
funding under this paragraph shall expend the funding for the
support of each mentor school.
(2) As a condition for receipt of funds, the principal
and, at the principal's discretion, the staff of a mentor
school shall meet regularly with the assigned low-achieving
school for a period of up to at least three years depending
upon the availability of Federal funds.
Section 1732-D. Notification.
The department shall notify the board of school directors
that one or more of the schools in its jurisdiction have been
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identified as a low-achieving school as defined under section
1702-G.1 of the act of March 4, 1971 (P.L.6, No.2), known as the
Tax Reform Code of 1971.
Section 1733-D. Guidelines.
The department may establish guidelines as necessary for the
administration of this article. The guidelines must be published
in the Pennsylvania Bulletin as statements of policy.
Section 2. This act shall take effect in 60 days.
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